Administrator

Most of you know that own my employees had a mild heart attack in a home and he almost died. He wants to come back and clean again. I'm concerned about his health if he continues cleaning. My question is can you ask people about health issues or medical condition before hiring and during employment?

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Well-Known Member

Most of you know that own my employees had a mild heart attack in a home and he almost died. He wants to come back and clean again. I'm concerned about his health if he continues cleaning. My question is can you ask people about health issues or medical condition before hiring and during employment?

"They don't hate you, they hate success"
"Nothing means more than quality, nothing"
"Kill them with grind, logic and sound reasoning"
"What you do speaks so loud I can't hear what you say"
"Those pointing fingers are the always the worst offenders"
"Everything I do I do for my family and friends, everything!"
"Money is printed everyday and everyday I'm looking for it"
"It's not your income that determines your wealth, it's your outcome"
"We are all legends in our own minds. Truth is we are all just works in progress"
"When you stick your neck out many will want to take a swing at you. Success is the greatest revenge"

Active Member

Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.

Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work. Many states also impose strict limits on the information a doctor may disclose to an employer or an insurance company without the worker's consent.

Similarly, although an employer may request a medical certification from an employee who needs to take leave under the Family and Medical Leave Act (FMLA), the employer is entitled only to specific information about the employee's need for leave -- not to a full health screening or medical history.

The law also imposes certain privacy protections for the results of a medical examination. Data gathered in medical examinations must be kept in a separate personnel file available only to those with a demonstrable need to know, such as supervisors -- who may need information about the employee's work restrictions or reasonable accommodations -- and first aid and safety personnel (if the employee's disability might require emergency treatment).

I had a similar situation to Rob. Guy had trouble breathing and had previous health issues related to his heart. He left work one night because of the breathing issues. He wanted to come back 2 days later. I didn't want to be a dick, but I said listen, our handbook states you need a doctors note to return to work clearing you of any medical issues if you miss 2 consecutive days. He refused to provide one so I had to fire him.

Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.

Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work. Many states also impose strict limits on the information a doctor may disclose to an employer or an insurance company without the worker's consent.

Similarly, although an employer may request a medical certification from an employee who needs to take leave under the Family and Medical Leave Act (FMLA), the employer is entitled only to specific information about the employee's need for leave -- not to a full health screening or medical history.

The law also imposes certain privacy protections for the results of a medical examination. Data gathered in medical examinations must be kept in a separate personnel file available only to those with a demonstrable need to know, such as supervisors -- who may need information about the employee's work restrictions or reasonable accommodations -- and first aid and safety personnel (if the employee's disability might require emergency treatment).

The company i work for requires that you take a strength test. Basically its a machine that you do butterflies and curls on, with your arms and legs. Its hooked up to a computer and it reads your strength. If you score low, they wont hire you. I guess it tests your body for injuries etc..

You are also required to get a physical done. Dont see why you wouldnt be able to do the same in this industry.

Smart Ass Of The Year!

The better approach is to clearly outline all physical demands of the job. Then ask them if they have any limitations that would prevent them from doing the job or cause any potential health risks. They should sign something to that effect.

You should always have employees sign that they have received, read, and understood your employee handbook

New Member

Hey Rob, according to the Americans with Disabilities Act, you as an employer cannot ask that he take a medical exam prior to offering him a job again, but you can offer him a position with the condition that he pass a medical exam.